CM-11-04-086ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
Item Caption:
Approval Date:
City Manager Approval Summary Sheet
Consider executing the required documents for the "Texas 1033 Surplus Property
Program" with the Texas Department of Public Safety.
April 29, 2011
Department: Police Department
Project Manager: Nate Zoss
Item Summary:
The Police Department must sign the 1033 Program Application and Release of Liability documents annually to
procure surplus military equipment through the Texas 1033 Surplus Property Program. The "Law Enforcement Data
Sheet" details how many officers the Police Department has as well as other statistical information. Staffing levels
affect how much equipment we are authorized. This update requires signatures from the Chief of Police and the City
Manager.
The Police Department has participated for years in the 1033 Program and has obtained numerous amounts of
equipment while paying only shipping costs.
This supports the City's Strategic Goal 30.0 — Residents, Visitors and Businesses continue
Strategic Plan Relevance: to experience a high and timely level of public safety and security.
Cost: $0.00
Source of Funds: N/A
REV. 6/10/10
TEXAS 1033 SURPLUS PROPERTY PROGRAM
APPLICATION LETTER
TO: Texas Department of Public Safety
ATTN: Texas 1033 Program
5805 N. Lamar Blvd.
BLDG "G"
Austin, TX 78773
AGENCY: Round Rock Police Department
SUBJECT: Request Authorization for Screening and Receiving Surplus Property
1. Our Agency request that the personnel listed on the attached Law Enforcement Agency
(LEA) Data Sheet be granted authorization to screen for and receive excess federal property as
defined in the Defense Authorization Act, 1997, Public Law 104-181 Section 1033, Transfer of
Excess Personal Property.
2. We, the undersigned, understand and agree that failure to comply with the terms of this
application is in direct conflict with the intent of this program, and failure on our agency's part to
abide by the terms and conditions of the Texas 1033 Program may result in termination from the
program and other sanctions including civil or criminal prosecution.
3. We understand and agree that we are responsible for all transportation costs incident to the
redistribution or collection of any transferred property. Transferred property must be removed
from the Defense Reutilization and Marketing Offices (DRMO) within fourteen (14) days or
sooner if so directed by the DRMO. Failure to claim and remove property may result in the
redistribution of the property to another agency.
4. We understand and agree that this property is transferred from the Department of Defense
(DoD). Transferred property must have a direct application to the LEA's street law enforcement,
arrest and apprehension mission. Transferred property may not be disposed of, bartered or
transferred without prior notification, written authorization and instructions from the Texas 1033
Program, including instances in which property is no longer serviceable for law enforcement use.
5. We understand and acknowledge that at no time can transferred aircraft or weapons be sold.
Additionally, assigned aircraft or weapons can not be disposed of, bartered or transferred without
written consent from the Texas 1033 Program. Failure to comply will result in eternal
termination from the program and possible civil or criminal prosecution.
6. We have read and understand, in its entirety, the Texas Military Surplus Property and
Procurement Program booklet. We understand and agree to comply with the terms and
conditions of the Texas 1033 Program and have signed the Release of Liability Statement.
7. We understand that the Federal Freedom of Information Act and the Texas Open Records
Act apply to all property received under the Texas 1033 Program.
TX 1033 Form A2 JUNE 2007 1 of 2
GM. --i t Oh -o' L,
8. We understand and agree that our authorization to screen and receive property expires one
year from the Law Enforcement Support Office (LESO) authorization letter date. We also
understand that it is our responsibility to submit a new Texas 1033 Program application packet
each year prior to the one year anniversary of our Authorization Letter and/or when there are
administration changes and a new LEA Data Sheet when there are any personnel changes.
Failure to comply may result in suspension from the program and possible termination.
9. We understand that the inventory form (TX 1033 Form A6) will be completed and
maintained for all transferred property. Additionally, we acknowledge that the inventory form
must be submitted annually with the application packet to maintain compliance with program
policies. Failure to comply may result in suspension of the program and possible termination.
10. We understand that if a vehicle is obtained through the Texas 1033 Program, the LEA will
forward photocopies of both (1) the United States Government Certificate to Obtain Title to a
Vehicle (SF 97); and (2) the Texas Certificate of Title (Form 30-C) to the Texas 1033 Program
Office within thirty (30) days of receipt.
AGENCY CHIEF EXECUTIVE OFFICIAL1:
111141
Signature
ID cox ee;i4 2.1bi2/,>?0
Bryan Williams / Chief of Police
Name / Title
AUTHORIZED OFFICIAL2:
Steve Norwood / City Manager
Name / Title
Date
Dat
1 Agency Chief Executive Official — Chief of Police or County Sheriff.
2 Authorized Official — County Judge, Mayor, or City Manager/Administrator,
University/College President or Director.
TX 1033 Form A2 JUNE 2007 2 of 2
TEXAS 1033 SURPLUS PROPERTY PROGRAM
RELEASE OF LIABILITY
AGENCY: Round Rock Police Department,
Williamson County, Texas
City / County
Round Rock,
The Texas Law Enforcement Agency (LEA) designated above acknowledges receipt of excess
property from the Department of Defense pursuant to Section 1033 of the National Defense
Authorization Act for Federal Fiscal Year 1997 (the "Act"). Such excess property transferred
pursuant to the Act may include small arms and ammunition (hereinafter referred collectively as
the "Transferred Property").
The LEA acknowledges that the Transferred Property is considered excess to the needs of the
Department of Defense and that the Transferred Property may be in any condition from new to
unserviceable. The LEA acknowledges that there may be hazards associated with the use of the
Transferred Property, which could cause damage to property and serious injury or death. The
term "use" with respect to the Transferred Property is acknowledged to include, but is not limited
to, active deployment, passive transportation, and mere possession. The LEA agrees to provide
appropriate or adequate training to any person who may use the property. The LEA agrees that it
IS NOT the responsibility of the Department of Defense, the State of Texas or the Texas Joint
Military Forces to provide appropriate or adequate training to any person using the Transferred
Property.
The Department of Defense, the State of Texas nor the Texas Joint Military Forces assumes any
liability for damages or injuries to any person or property arising from the use the Transferred
Property. By signing this agreement, the LEA agrees to be solely responsible for any and all
suits, actions, demands or claims of any nature arising from the use of the Transferred Property.
The LEA agrees to maintain, at its expense, adequate liability and property damage insurance
and workman's compensation insurance to cover any such claims.
The LEA accepts Transferred Property "as is" with no warranty of any kind. The Department of
Defense, the State of Texas nor the Texas Joint Military Forces make any claims or warranties,
expressed or implied, concerning the Transferred Property, including but not limited to warranty
of fitness for a particular purpose.
The LEA acknowledges that any item of the Transferred Property meeting the definition of
"machine gun" found in 26 U.S. C. 584(b)* must be registered with the Bureau of Alcohol,
Tobacco, and Firearms (BATF) with an ATF Form -10 (Application for Registration of Firearm
Acquired by Certain Governmental Entities). Upon receipt of a properly executed Form -10,
ATF will accept the registration of the machine gun and notify the LEA. Any machine gun
registered in this manner is restricted for law enforcement use only. The LEA agrees to provide
the State Coordinator's Office a copy of an approved Form -10 for each machine gun that is part
of any Transferred Property received. The LEA must execute a separate transfer agreement with
the United States Army, through the 1033 Program, for any small arms/weapons.
The LEA acknowledges that it is solely responsible for any and all costs associated with the
transferred Property, including but not limited to, packing, crating, handling, transportation,
repossession, and disposal.
TX 1033 Form A3 JUNE 2007 1 of 3
The LEA acknowledges that Transferred Property may be disposed of only with written approval
from the State Coordinator's Office and in accordance with local, state, federal laws, and the
regulations and guidelines of the 1033 Program prescribed by the Law Enforcement Support
Office. The LEA specifically acknowledges that the preceding rule includes, but is not limited to
the transfer, destruction or abandonment of any Transferred Property constituting small
arms/weapons and weapons parts.
Subject to the conditions set forth herein, title to the Transferred Property is assumed by the LEA
upon written acceptance hereof from the LEA.
By signing below, the Agency Chief Executive Official and the Authorized Official
acknowledge and understand all previously stated guidelines and conditions.
AGENCY CHIEF EXECUTIVE OFFICIAL1:
Signature"1
1144 Watior.r-fro 4 -/Pk /-24v (
Bryan Williams / Chief of Police
Name / Title
AUTHORIZED OFFICIAL2:
Steve Norwood / City Manager
Name / Title
Date
Date
* The National Firearms Act, 26 U.S.C. section 5801 et seq., defines a firearm to include
machine gun. 26 U.S.C. Section 5845(a)(6). That same act, defines a machinegun as follows:
The term "machine gun" means any weapon which shoots, is designed to shoot, or can be
readily restored to shoot, automatically more than one shot, without manual reloading, by a
single function of the trigger. The term shall also include the frame or receiver of any such
weapon, any combination of parts designed and intended, for use in converting a weapon into a
machine gun, and any combination of parts from which a machine gun can be assembled if such
parts are in the possession or under the control of a person.
1 Agency Chief Executive Official — Chief of Police or County Sheriff.
2 Authorized Official — County Judge, Mayor, or City Manager/Administrator,
University/College President or Director.
TX 1033 Form A3 JUNE 2007
2 of 3
TEXAS 1033 SURPLUS PROPERTY PROGRAM
SUPPLEMENTAL DATA SHEET
Date: 4/12/2011
Agency: Round Rock Police Department
Phone: (512) 801-4611 Alternate Phone: (512) 218-5500
Fax: (512) 218-6681
Website (if applicable): http://www.roundrocktexas.gov/police
Screener #1: SGT / NATE ZOSS / Nzossround-rock.tx.us
RANK / NAME / E-MAIL ADDRESS
Screener #2:
Screener #3:
Screener #4:
Weapons Officer:
LT / JIM STUART / Jstuart@round-rock.tx.us
RANK / NAME / E-MAIL ADDRESS
A/CHIEF / TIM RYLE / TryleAround-rock.tx.us
RANK / NAME / E-MAIL ADDRESS
RANK / NAME / E-MAIL ADDRESS
OFF / BRIAN QUICK / Bquick@round-rock.tx.us
RANK / NAME / E-MAIL ADDRESS
- AGENCY CHIEF EXECUTIVE OFFICIAL'
Signature: I, r.r1,
Name: Bryan Williams
Title: Chief of Police
Email: Bwilliams(a,round-rock.tx.us
AUT •i • D OFFS4P
L,
Signature:
Name: Steve Norwood
Title: City Manager
Email: Snorw000d(a round-rock.tx.us
1 Agency Chief Executive Official — Chief of Police or County Sheriff.
2 Authorized Official — County Judge, Mayor, or City Manager/Administrator, University/College
President or Director.
TX 1033 Form Al JUNE 2007
LAW ENFORCEMENT AGENCY (LEA)
APPLICATION FOR PARTICIPATION
*This application must be updated and resubmitted within 30 days of any changes or on an annual basis
NEW 0 UPDATE 0 SCREENER ID (Update Only): TX17739
AGENCY: ROUND ROCK POLICE DEPARTMENT
PHYSICAL ADDRESS (No P.O. Box): 2701 N MAYS
MAILING ADDRESS (If different than above):
CITY: ROUND ROCK
STATE: TX
zip: 78665 EMAIL: NZOSS@ROUND-ROCK.TX.US
PHONE: 512-801-4611 (CELL), 512-218-5500 FAX: 512-218-6681
NUMBER OF COMPENSATED OFFICERS WITH ARREST AND APPREHENSION AUTHORITY
FULL-TIME: 152 PART-TIME: 1 RESERVE: 2
SCREENER(S) POC: MUST HAVE AT LEAST ONE
*MAIN POC: Designated POC for calls and emails on 1033 Program requests and property pickup
SCREENER/MAIN POC: SGT NATE ZOSS, NZOSS@ROUND-ROCK.TX.US
SCREENER/POC #2: LT JIM STUART, JSTUART@ROUND-ROCK.TX.US
SCREENER/POC #3: A/CHIEF TIM RYLE, NZOSS@ROUND-ROCK.TX.US
SCREENER/POC #4:
WEAPON POC (Optional): OFF BRIAN QUICK, BQUICK@ROUND-ROCK.TX.US
AIRCRAFT POC (Optional):
INVENTORY CHECK
Does the Agency currently have any equipment from the 1208/1033 Program? YES ® NO 0
WEAPONS: YES 0 NO 0 AIRCRAFT: YES 0 NO ® WATERCRAFT: YES 0 NO
VEHICLES YES 0 NO 0 OTHER CONTROLLED: YES 0 NO 0 DEMIL A : YES 0 NO 0
PROPERTY
(LESS THAN A YEAR OLD)
*By signing this application, the Chief Executive Official/Head of Agency (Local Field Office) is aware of
1208/1033 Property currently in the possession of their department.
*Upon acceptance into the 1033 Program, I understand that I have 30 days to familiarize myself with the
State Plan of Operation and all 1033 Program guidance that is provided by the State Coordinator and that by
signing, I certify that all information contained above is valid and accurate.
CHIEF EXECUTIVE OFFICIAL/: BRYAN WILLIAMS, CHIEF OF POLICE DATE: 04-11-2011
HEAD OF LOCAL AGENCY PRINTED NAME
STATE COORDINATOR:
(NOT REQUIRED FOR FEDERAL)
S NATURE
PRINTED NAME
i k C/3
DATE: 4/:-/3 -'G1
SIGNATURE